MATTER OF KING, 58 Van Natta 977 (Or. Work. Comp. 4/17/2006), WCB Case No. 04-08451.

• Citation: 58 Van Natta 977
• Decision Date: 17 April 2006
• Docket Number: WCB Case No. 04-08451.
• Parties: In the Matter of the Compensation of BETTY J. KING, Claimant.
• Court: Oregon Workers' Compensation Division

Page 977

58 Van Natta 977

In the Matter of the Compensation of BETTY J. KING, Claimant.

WCB Case No. 04-08451.

Oregon Workers' Compensation Division.

April 17, 2006.

Black Chapman et al, Claimant Attorneys.

Steven T Maher, Defense Attorneys.

Reviewing Panel: Members Lowell and Kasubhai.

ORDER ON REVIEW

Claimant requests review of Administrative Law Judge (ALJ) Bloom's order that upheld the self-insured employer's partial denial of claimant's left knee condition. On review, the issue is compensability.

We adopt and affirm the ALJ's order, except for the first, second and third paragraphs of the "Conclusions and Opinion," with the following supplementation.

We do not adopt the ALJ's reasoning that claimant's accepted lumbar strain is an "otherwise compensable injury" for purposes of a combined condition analysis related to the new or omitted medical condition claim for claimant's left knee condition. For purposes of establishing a new or omitted medical condition claim for her left knee, claimant cannot rely on the accepted lumbar strain as an "otherwise compensable injury" to shift the burden of proof to the employer pursuant to ORS 656.266(2)(a). See Barbara J. Flint, 58 Van Natta 223 (2006); Michael E. Mitchell, 57 Van Natta 3045 (2005). Claimant must independently establish that the claimed new medical condition is otherwise compensable; i.e., that the work injury is a material contributing cause of her disability or need for treatment for her left knee condition. We agree with the ALJ that claimant did not meet that burden in this case. Accordingly, as supplemented herein, we affirm the ALJ's order.

ORDER

The ALJ's order dated September 13, 2005 is affirmed.